§ 16-118-117 — Civil fertility fraud - Definitions

Arkansas § 16-118-117

• Jurisdiction: Arkansas
• Title: 16

Text

(a) As used in this section: (1) "Healthcare provider" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; and (2) "Human reproductive material" means: (A) A human spermatozoon or ovum; or (B) A human organism at any stage of development from fertilized ovum to embryo. (b) A person may bring an action for civil fertility fraud against a healthcare provider who knowingly: (1) Treated the person or the spouse of the person for infertility, pregnancy, surrogacy, or childbearing by using the healthcare provider's own human reproductive material or the human reproductive material of another person without the person's informed written consent to treatment using the healthcare provider's own human reproductive material or the human reproductive material of the other person; (2) Treated the person or the spouse of the person for infertility, pregnancy, surrogacy, or childbearing by using human reproductive material donated by a donor and knows or reasonably should have known that the human reproductive material was used: (A) Without the donor's consent; or (B) In a manner or to an extent other than that to which the donor consented; or (3) Used the person's human reproductive material to treat another person for infertility, pregnancy, surrogacy, or childbearing knowing or being in a position to reasonably know that the person did not consent to his or her human reproductive material's being used or used in a manner or to an extent other than that to which the person consented. (c) An action under this section may be commenced not later than five (5) years after the earliest of the date on which: (1) The person first discovers evidence sufficient to bring an action against the healthcare provider through deoxyribonucleic acid (DNA) analysis or other more accurate scientific analysis; (2) The person first becomes aware of the existence of a recording that provides evidence sufficient to bring an action against the healthcare provider; or (3) The defendant admits to the facts giving rise to the action. (d) A plaintiff who prevails in an action under this section is entitled to: (1) Reasonable attorney's fees; (2) The costs of the fertility treatment as applicable; and (3) Economic, compensatory, and punitive damages. (e) A person who brings an action under subdivision (b)(1) or subdivision (b)(2) of this section has a separate cause of action for each child born as the result of the fraudulent fertility treatment. (f) A person who brings an action under subdivision (b)(3) of this section has a separate cause of action for each fertility patient who received a fertility treatment with the person's human reproductive material. (g) This section does not prohibit a person from pursuing any other remedy provided by law.

Legislative History

Added by Act 2021, No. 609,§ 4, eff. 7/28/2021.